The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1887-12-03

at that time the county owed him nothing,
as he, VIM. L. had been previously paid by
the State for the same work. He went to
Lincoln June "a and returned to Ottawa Ju.
ly 4th. On July 7th he sent sworn and
certified bill for $2l5 for these same servi.
ces, which the Governor cut down to $780,.
32 and paid him; and that the sheriff was
not by virtue of his office entitled to 20 out
of the state after fugitives, but that the
Governor might appoint whom he pleased.
THE DEFENSE.
Mr.. Duncan replied presenting the case
for the defense. Neither in fact, he said,
nor in the mere shadow Of one, is this defend.
ant guilty Of the crime charged. The grand
jury in the spring of 1884 indicted one Ow.
en- Fox for an indecent assault upon wo.
man. He fed either before or after the in.
dictment. In the latter part Of June, the
Sheriff Of Lincoln, Neb., sent word to our
States Attorney that he thought he had
caught Fox. The matter was talked Of DO
tween Mr.. Brewer, then prosecuting attorney
and the sheriff, Mr.. Milligsn. They were
anxious to bring Fox here. Mr.. Milligsn
was induced to take steps to get requisi-
ton to catch Fox. Mr.. Milligsn procured .
copy Of the indictment and took it to Spring.
field to get the requisition. Before going
thither II was arranged to get VIM. L., the
sheriff's son appointed 90 messenger to get
Fox, and that was done. As neither of the
Milligans knew Fox, it was arranged that
jerry Maher, who was acquainted with the
fugitive, accompany VIM. L. VIM. R. came
home, and the two, VIM. L. and Maher
went; arrived at Lincoln, July LIST, in the
evening. Then there was no court house in
Lincoln. Getting out Of their hack in front
of block where court was kept, they met
man who asked them elf they were the
men from Illinois, They answered Yes"
He replied elf you want your man you
must hurry up as he has just been dis
charged on writ of haJeas corpus.' They
rushed up stairs and arrested Fox, but with.
out authority Of law, as the requisition of
the Governor of Illinois had as yet not been
seen nor warrant issued upon it by the
Governor Of Nebraska. Then long time
followed, used by Milligan in trying to get
the needed warrant. The Governor was out
of town and his private secretary not at
home. However, Fox was finally brought
back. The law Of this state allows o mes.
senger travelling with requisition IL cents
per mile for his travel and ell costs neces.
sary in making the arrest, the fees Of the
governor, foreign sheriff, &C., to be paid out
Of the state treasury, where the crime is
penitentiary ofense. W. L. Milligan duly
made his bill according to the statute, and
supposed that statute meant just what 1t said,
IL cents mile and fees Of the officers Of the
other state. The Nebraska sheriff had held
the prisoner several days and hired IN attor.
ney. He charged $46 for these expenses and
Milligaa paid it. Mr.. Duncan presented
vouchers for $45, 81 and mileage for two one
way and three persons in return, and to
Springfield and return, making ,4O6 miles
at IL cents mile. The bill was sent to
Springfield, cut the authorsties wrote back
putting new construction upon the law, say.
ing that they allow only mileage from
Springfield to the capital Of the state where
resides the governor on whom the rsquisi.
ton is drawn. This materially changed the
figures reducing the mileage to less than $5O
The statutes also provide, (reading the
paragraph authorizing the payment Of money
out Of the county treasury to persons for
srresting criminals, also for assistants who
helped in making arrests. Mr.. Milligan
was not allowed what WAS due him, nor near
it, nor for the amount he had paid out of his
own pocket for an assistant. and for the $45
to the Lincoln sheriff, and the 81 charged
by the Governors private secretary; and not
only this, but the Sheriff puts in Q bill
distinctly stating that it was for Makers
fare, for food to the party going and coming,
correctly itemized bill of hotel fare and
every proper item. This bill is as distinct
and different as two things could possibly
be; all their likeness is in that they grew out
of the same thing. Not dollar of this bill
against the county is q claim for a cent for
railroad fare to VIM. L. Milligan, and not a
cent in the Springfield bill that belongs to
the Ottawa bill. They are for separate and
distinct items of time and expenditures. The
Springfield bill covers nothing but mileage
for W. L. Millgan and prisoner. The Otta.
wa bill is for Makers fare and for food, hack
hire, &C., and $l2 to pay Jerry Maher for
his services. This bill, on which this action
of perjury is founded, was not FLED until
after Milligan was notified that only mileage
was allowed at Springfield. The question
as to uhether the sheriff had legal claim
upon the county for this bill is not for you
here to determine. 1t belongs to the court,
and his Honor will not even submit it to you
THE EVIDENCE FOR THE PROSECUTION.